Confessions and Denials When Guilty and Innocent: Forensic Patients' Self-Reported Behavior During Police Interviews

Several self-report studies together with analyses of exoneration cases suggest that suspects with mental disorder are especially prone to making false confessions. The present study asked 153 forensic patients in Germany about their behavior during suspect interviewing by the police. Self-reported ground truth of guilt and innocence was asked for, thereby taking into account that the risk of false confession is present only if a person has ever been interviewed when innocent. Indeed, surveying samples that include suspects who have never been interviewed when innocent may lead to underestimating the risk of false confessions. In the present study, all patients reported having been interviewed previously when guilty; and almost two-thirds (62%, n = 95), that they had also been interviewed at least once when innocent. These participants stated that they remained silent while being interviewed significantly more often when guilty (44%) compared to when innocent (15%). This corroborates laboratory research findings indicating that the right to remain silent is waived more often by innocent than by guilty suspects. Out of all 95 participants who were ever interviewed when innocent, 25% reported having made a false confession on at least one occasion. This result is in line with previous international research showing a high percentage of false confessions among suspects with mental disorder

The Strategic Meaning of CBCA Criteria From the Perspective of Deceivers

In 2014, Volbert and Steller introduced a revised model of Criteria-Based Content Analysis (CBCA) that grouped a modified set of content criteria in closer reference to their assumed latent processes, resulting in three dimensions of memory-related, script-deviant and strategy-based criteria. In this model, it is assumed that deceivers try to integrate memory-related criteria—but will not be as good as truth tellers in achieving this—whereas out of strategic considerations they will avoid the expression of the other criteria. The aim of the current study was to test this assumption. A vignette was presented via an online-questionnaire to inquire how participants (n = 135) rate the strategic value of CBCA criteria on a five-point scale. One-sample t-tests showed that participants attribute positive strategic value to most memory-related criteria and negative value to the remaining criteria, except for the criteria self-deprecation and pardoning the perpetrator. Overall, our results corroborated the model's suitability in distinguishing different groups of criteria—some which liars are inclined to integrate and others which liars intend to avoid—and in this way provide useful hints for forensic practitioners in appraising the criteria' diagnostic value

How Information on a Motive to Lie Influences CBCA-Based Ratings and Veracity Judgments

We investigated how information on a motive to lie impacts on the perceived content quality of a statement and its subsequent veracity rating. In an online study, 300 participants rated a statement about an alleged sexual harassment on a scale based on Criteria-based Content Analysis (CBCA) and judged its veracity. In a 3 x 3 between-subjects design, we varied prior information (motive to lie, no motive to lie, and no information on a motive), and presented three different statement versions of varying content quality (high, medium, and low). In addition to anticipating main effects of both independent variables (motive information and statement version), we predicted that the impact of motive information on both ratings would be highest for medium quality statements, because their assessment is especially ambiguous (interaction effect). Contrary to our hypotheses, results showed that participants were unaffected by motive information and accurately reproduced the manipulated quality differences between statement versions in theirCBCA-based judgments. In line with the expected interaction effect,veracity ratingsdecreased in the motive-to-lie group compared to controls, but only when the medium- and the low-quality statements were rated (truth ratings dropped from approximately 80 to 50%). Veracity ratings in both the no-motive-to-lie group and controls did not differ across statement versions (≥ 82% truth ratings). In sum, information on a motive to lie thus encouraged participants to consider content quality in their veracity judgments by being critical only of statements of medium and low quality. Otherwise, participants judged statements to be true irrespective of content quality

How guilty and innocent suspects perceive the police and themselves: suspect interviews in Germany

Purpose: Suspects are central participants of a police interview and can provide crucial information on the interview interactions with the interviewers. This study examined how the way suspects perceive interviews relates to (a) their reported status of being guilty or innocent and (b) their decision to confess or deny. Methods: A total of 250 convicted offenders completed a two-part questionnaire on their perceptions during the most recent suspect interview in which they had confessed to or denied a crime they had committed (Part 1) or not committed (Part 2). Results: Participants reported a total of 334 police interviews – 223 for which they reported being guilty and 111 for which they reported being innocent. An exploratory factor analysis showed that three latent factors described how they viewed the interviewers and themselves: Respectful-Open Behaviors (non-accusatorial interviewer behaviour, and no pressure in suspects), Confession-Oriented Tactics by the interviewer (minimization and maximization tactics), and Suspects’ Psychological Distress (insecurity, fear, and lack of self-confidence). Suspects perceived less Psychological Distress and less Respectful-Open Behaviors in reported innocent (vs. guilty) interview situations. In reported guilty interview situations, confessions were associated positively with Respectful-Open Behaviors and Suspects’ Psychological Distress, whereas denials were associated positively with Confession-Oriented Tactics. Innocent interview situations showed a positive correlation between confessions and Suspects’ Psychological Distress. Conclusions: In this study, suspects deliver an important message to the police and the legal system: The findings substantiate the benefits of an open-minded interviewing approach, and fail to support a confession-oriented interrogation approach

International perspective on guidelines and policies for child custody and child maltreatment risk evaluations : A preliminary comparative analysis across selected countries in Europe and North America

Little knowledge exists on how evaluators in child custody and child maltreatment cases are informed by guidelines, the kinds of qualifications required and the types of training provided in different countries. The purpose of this paper is to provide an international preliminary comparison on how child custody and child maltreatment risk assessments are conducted in selected Western countries, and how the assessments are informed by best practice guidelines. Another aim is to increase knowledge on how the guidelines and best-practice standards could be developed further to reflect recent research findings. A total number of 18 guidelines were included in the analyses: four from Canada, five from the United States, three from the United Kingdom, three from the Netherlands, two from Finland, and one from Germany. We conducted a content analysis of the included guidelines in the database, focusing on how the guidelines address the best interest of the child criteria, guidelines for conducting the assessments, considerations for evaluative criteria, and specific guidance for conducting specific assessment procedures (e.g., interviews and observations). Findings show that the qualifications of and training provided to evaluators in child custody and child maltreatment risk evaluations are largely heterogeneous across the countries represented. Guidelines differ in whether and how they highlight the importance of evidence-based practices and scientifically validated assessment measures. Implications are drawn from the review and contextualized by international expert authors in the fields of forensic psychology, and family law. After the content analysis, discussion sessions within the expert group were held. The authors provide both commentaries and suggestions to improve the development of standard methods for conducting both child custody and child maltreatment risk evaluations and to consider a more transparent and judicious use of social science research to guide methods and the recommendations offered within these assessments.Peer reviewe

What Judges Want to Know From Forensic Evaluators in Child Custody and Child Protection Cases: Analyzing Forensic Assignments With Latent Dirichlet Allocation

This study analyzes the questions on aspects of child custody, visitation rights, or child endangerment that judges pose to forensic psychologists in family law proceedings. Before conducting a psychological evaluation, the legal question in the referral has to be translated into case-specific, forensically relevant issues. The only overarching principle guiding this process is the "best interests of the child" criterion. Literature indicates that judges often struggle to define what variables should be specified for a psychological evaluation in their referral questions. This study aims to contribute to a better understanding of the information judges would like to ascertain from psychological evaluators in child custody and child protection proceedings-an understanding allowing a clearer determination of whether forensic psychologists as experts can deliver this information. Latent Dirichlet allocation (LDA) is used to analyze the referral questions that these judges pose to forensic evaluators in terms of (a) underlying topics (latent dimensions) that can be identified within the referral questions and (b) the probability distributions of legal terms and forensic issues contained in the referral questions. This analysis is based on unclassified text data extracted from German court files. Five topics (latent dimensions) were identified within referral questions resembling cases when the issue was as follows: (a) potential child endangerment in the context of visitation contacts, (b) a possibly limited parenting capacity and its potential effects on child well-being, (c) an impairment of the child has already occurred or could occur, (d) a better option concerning custody and residence, and (e) an unclear topic addressing questions on custody, residence, and visitation in which no specific psychological constructs are involved. In four of the five topics, judges utilize their referral questions to ask for case-group-specific psychological information. In one topic addressing questions on custody, residence, and visitation, judges seem to struggle to define criteria that forensic evaluators should assess. Overall, results help to identify and define more clearly the relevant constructs that forensic experts should examine from the perspective of the courts with the goal of making clearer and more accurate recommendations

Confessions and Denials When Guilty and Innocent: Forensic Patients' Self-Reported Behavior During Police Interviews

Several self-report studies together with analyses of exoneration cases suggest that suspects with mental disorder are especially prone to making false confessions. The present study asked 153 forensic patients in Germany about their behavior during suspect interviewing by the police. Self-reported ground truth of guilt and innocence was asked for, thereby taking into account that the risk of false confession is present only if a person has ever been interviewed when innocent. Indeed, surveying samples that include suspects who have never been interviewed when innocent may lead to underestimating the risk of false confessions. In the present study, all patients reported having been interviewed previously when guilty; and almost two-thirds (62%, n = 95), that they had also been interviewed at least once when innocent. These participants stated that they remained silent while being interviewed significantly more often when guilty (44%) compared to when innocent (15%). This corroborates laboratory research findings indicating that the right to remain silent is waived more often by innocent than by guilty suspects. Out of all 95 participants who were ever interviewed when innocent, 25% reported having made a false confession on at least one occasion. This result is in line with previous international research showing a high percentage of false confessions among suspects with mental disorder

Assessing the Individual Interviewer Rapport-Building and Supportive Techniques of the R-NICHD Protocol

The use of the rapport-building and supportive techniques formulated by the R-NICHD protocol is intended to support children and increase the quality of their statements as well as disclosures without possessing suggestive potential. While the effectiveness of the entire R-NICHD protocol for children who have actually experienced child sexual abuse (CSA) has been supported by research, to date no study assessed the effect of each individual socio-emotional interview technique in both interviewees with and without CSA experiences. The current study aimed to address this gap in research by means of an online vignette-study, asking participants to rate the identified rapport-building and supportive techniques on the scales well-being, willingness to talk, and perceived pressure. A total of 187 participants were randomly assigned to either a hypothetical "abused " or a hypothetical "not abused " group by means of a vignette-manipulation. The results suggest that many socio-emotional interview techniques were perceived as supportive and non-suggestive, while a number of techniques were perceived as not supportive but suggestive. Few differences emerged between the hypothetical "abused " group and the hypothetical "not abused " control group. To conclude, most but not all rapport-building and supportive techniques proposed by the R-NICHD protocol had a positive effect on interviewees